Long Pendency Of Appeals Before Allahabad High Court: Supreme Court To Lay Down Parameters For Disposal
The Supreme Court has taken the view that the long pendency of appeals at the Allahabad High Court must be decided on broad parameters framed by the Court. While hearing a batch of 18 petitions seeking bail, a division bench of Justices Sanjay Kishan Kaul and Hemant Gupta prescribed material aspects to be considered in framing such parameters.The bench suggested to consider period undergone,...
The Supreme Court has taken the view that the long pendency of appeals at the Allahabad High Court must be decided on broad parameters framed by the Court. While hearing a batch of 18 petitions seeking bail, a division bench of Justices Sanjay Kishan Kaul and Hemant Gupta prescribed material aspects to be considered in framing such parameters.
The bench suggested to consider period undergone, the heinousness of the crime, the accused's age, the period taken in the trial, and whether the appellants are diligently prosecuting the appeals.
The Court observed,
"As though we have 18 matters today, many more may arise only on account of the period of the sentence already undergone. In the conspectus of the same, suggestions can also be made qua 18 matters before us and we will examine whether those cases should be remitted to the High Court for consideration or there are some obvious cases which can be dealt with at the very threshold."
The Additional Advocate General, Garima Prasad, submitted that she would furnish a note suggesting the guidelines which can be adopted so that the High Court itself deals with these aspects in each case. The Court also called for suggestions for the instant 18 matters based on which it will examine whether those cases should be remitted to the High Court for consideration or some obvious cases that can be dealt with at the very threshold.
It also directed the High Court to assist AAG in formulating the note and suggestions following interaction between the Standing Counsel Vishnu Shankar Jain, the Registrar of the High Court and the AAG.
In the batch of pleas, the period of custody ranges from nine to fifteen years, except for the case of Sudan Singh, where it is seven years. On an earlier occasion, it was submitted by Advocate Nagendra Singh and Advocate on Record Ronak Karanpuria that the pending matters are unlikely to be heard soon.
The matter is listed on August 23, 2021.
Title: Saudan Singh v. The State of Uttar Pradesh
Click Here To Downlaod The Order
Read The Order